SKYDAN may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that SKYDAN will have no obligation of any sort to you in connection with any such modification or discontinuance.
ACCURACY OF INFORMATION PROVIDED
In consideration of your use of the Site, you agree to (i) provide, or cause to be provided, including through third party sites, accurate, current, and complete Application Data and (ii) maintain and promptly update your Application Data (and any other information you provide to SKYDAN) so that it is accurate, current, and complete at all times.
Anonymous, aggregate information (consisting of financial account balances, other financial account data, or other available data that is provided by you) may be used by us or our third-party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third-party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
AUTHORIZATION TO CONTACT
By submitting information to SKYDAN through our Site or otherwise, you are making an inquiry as to the products offered by SKYDAN and give SKYDAN permission to contact you through email, fax, or telephone or any other means, even if your phone number is on a “Do Not Call” registry. When you submit information through our Site, we may send your information to our affiliates or service providers.
CELLULAR PHONE CONTACT POLICY
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider.
SKYDAN uses passwords to prevent unauthorized access to certain areas of our Site. You are solely responsible for maintaining the confidentiality of your user name, password and other security-related identifiers. You are solely and fully responsible for all use of your account and for any actions that take place using your account or under your user name and password. You agree to immediately notify us of any loss, theft, or unauthorized use of your password or account and of any other security breach relating to you. SKYDAN will not be responsible for any losses or damages arising out of the unauthorized use of your account, and you agree to indemnify and hold harmless SKYDAN, its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “SKYDAN Parties”), for any improper, unauthorized or illegal uses of your account.
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, transmit, share, store, publish, display or otherwise make available (hereinafter, “upload”) or email or otherwise use via the Site. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise uploaded by you through the Site (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal proprietary rights, (ii) violate any contractual, fiduciary or judicially imposed nondisclosure obligations, or (iii) contain libelous, defamatory or otherwise unlawful material. You agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Violations of system or network security may result in civil or criminal liability. You further agree not to use the Site to:
- probe, scan or test the vulnerability of this Site or the SKYDAN network or breach security or authentication measures without proper authorization;
- interfere with or disrupt the Site or servers or networks connected to the Site (including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”), or disobey any requirements, procedures, policies or regulations of networks connected to the
- upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- access data that is not intended for you;
- invade the privacy of, obtain the identity of, or obtain or access personally identifying information of other users of this Site;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the
- upload or make publicly available on the Site any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- register for more than one user account or register for a user account on behalf of an individual other than yourself;
- use or attempt to use another’s account, service or system without authorization from SKYDAN, or create a false identity on the Site;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- intimidate or harass other users;
- upload any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose SKYDAN or its users to any harm or liability of any type;
- upload content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or any regulations having the force of law; or
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities. You shall not and shall not permit any third party to, directly or indirectly: (i) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the applications developed or owned by SKYDAN (the “Developer Applications”) that are contained in the Site; (ii) rent or time-share the Developer Application or host the Developer Application in a multi-tenant environment; (iii) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Developer Application or any copies thereof; (iv) engage in any activity with the Developer Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (v) use the Developer Application or data provided via the Developer Application in any way in furtherance of criminal, fraudulent, or other unlawful activity. You must comply with applicable laws and regulations in using, accessing or distributing the Developer Application, including any data provided via the Developer Application.
THIRD PARTY WEBSITES
This Site may contain links to outside services and resources, the availability and content of which SKYDAN does not control. Such links are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offering of these businesses or individuals or the content of their web sites. SKYDAN does not assume any responsibility or liability for the actions, products, and content of these or any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
When you visit the Site, or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you provided to us.
MONITORING AND RECORDING COMMUNICATIONS
You understand and agree that we may monitor and/or record any communications between you and us for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
DISCLAIMER OF WARRANTIES
SKYDAN DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SKYDAN CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SKYDAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE INFORMATION PUBLISHED HEREIN, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE SITE. SKYDAN DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SKYDAN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Site may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. SKYDAN assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. SKYDAN will not be liable for any loss that results from (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone network issues, (iii) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of Internet access, (v) problems with Internet service providers or other equipment or services relating to your computer or network, (vi) problems with computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. SKYDAN is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.
LIMITATION OF LIABILITY
SKYDAN’S LIABILITY IS LIMITED. EXCEPT WHERE PROHIBITED BY LAW, NONE OF THE SKYDAN PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF SKYDAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, SKYDAN’S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SKYDAN AND YOU, AND THAT THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You acknowledge that the Site features and any software underlying such Site are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Site features, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
SEVERABILITY; ENTIRE AGREEMENT
LAW AND VENUE
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with SKYDAN, call us at 708-286-1105 or contact us via the “Contact” link at info@SKYDANgroup.com.